[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6098 Reported in Senate (RS)]






                                                      Calendar No. 1052
110th CONGRESS
  2d Session
                                H. R. 6098


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2008

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

           September 24 (legislative day, September 17), 2008

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
  To amend the Homeland Security Act of 2002 to improve the financial 
    assistance provided to State, local, and tribal governments for 
        information sharing activities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Personnel Reimbursement for 
Intelligence Cooperation and Enhancement of Homeland Security Act'' or 
the ``PRICE of Homeland Security Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds as follows:</DELETED>
        <DELETED>    (1) After the terrorist attacks on September 11, 
        2001, State, local, and tribal governments redoubled their 
        efforts to combat terrorism and expended tremendous energy and 
        financial resources to help the Federal Government fight the 
        terrorist threat.</DELETED>
        <DELETED>    (2) States and localities have formed fusion 
        centers, hired intelligence analysts, and contributed a 
        significant amount of resources to the expansion of Federal 
        homeland security efforts.</DELETED>
        <DELETED>    (3) These actions, in conjunction with the efforts 
        of the Federal Government and private industry, have materially 
        contributed to the common defense of this Nation and have 
        helped keep our homeland secure.</DELETED>
        <DELETED>    (4) The National Strategy for Information Sharing 
        issued by the President in October 2007 plainly states that 
        ``The Federal Government may need to provide financial and 
        technical assistance, as well as human resource support, to 
        these fusion centers if they are to achieve and sustain a 
        baseline level of capability. The objective is to assist State 
        and local governments in the establishment and the sustained 
        operation of these fusion centers. A sustained Federal 
        partnership with State and major urban area fusion centers is 
        critical to the safety of our Nation, and therefore a national 
        priority.''.</DELETED>
        <DELETED>    (5) The Federal Government has endeavored to 
        support these State efforts through the State Homeland Security 
        Grant Program and other methods of Federal assistance but have 
        placed restrictions on the use of these funds that make long-
        term planning for fusion centers unmanageable.</DELETED>
        <DELETED>    (6) It is vital to the security of our homeland 
        that States and localities are able to continue to receive 
        funding for the participation of State and local analysts in 
        fusion centers and in their State and local efforts to combat 
        terrorism and terrorist-related activities.</DELETED>

<DELETED>SEC. 3. GRANT ELIGIBILITY FOR ANALYSTS.</DELETED>

<DELETED>    Section 2008(a) of the Homeland Security Act of 2002 (6 
U.S.C. 609(a)) is amended--</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1) by 
        striking ``Grants'' and all that follows through ``plans, 
        through'' and inserting the following: ``The Administrator 
        shall permit grant recipients under section 2003 or 2004 to use 
        grant funds to achieve and sustain target capabilities related 
        to preventing, preparing for, protecting against, and 
        responding to acts of terrorism, consistent with a State 
        homeland security plan and relevant local, tribal, and regional 
        homeland security plans, through''; and</DELETED>
        <DELETED>    (2) in paragraph (10) by inserting the following 
        after ``analysts'': ``regardless of whether such analysts are 
        current or new full-time employees or contract employees and 
        such funding shall be made available without time limitations 
        placed on the period of time that such analyst can serve under 
        awarded grants.''.</DELETED>

<DELETED>SEC. 4. USE OF FUNDS FOR PERSONNEL AND OPERATIONAL 
              COSTS.</DELETED>

<DELETED>    Section 2008(b)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 609(b)(2)) is amended by striking so much as precedes 
subparagraph (B) and inserting the following:</DELETED>
        <DELETED>    ``(2) Personnel and operational costs.--</DELETED>
                <DELETED>    ``(A) In general.--The recipient of a 
                grant under section 2003 or 2004 may, at the 
                recipient's discretion, use up to 50 percent of the 
                amount of the grant awarded for any fiscal year to pay 
                for personnel and operational costs, including overtime 
                and backfill costs, in support of the uses authorized 
                under subsection (a).''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Personnel Reimbursement for 
Intelligence Cooperation and Enhancement of Homeland Security Act of 
2008'' or the ``PRICE of Homeland Security Act''.

SEC. 2. CLARIFICATION ON USE OF FUNDS.

    Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is 
amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Grants'' and all that follows through 
                ``used'' and inserting the following: ``The 
                Administrator shall permit the recipient of a grant 
                under section 2003 or 2004 to use grant funds''; and
                    (B) in paragraph (10), by inserting ``, regardless 
                of whether such analysts are current or new full-time 
                employees or contract employees'' after ``analysts''; 
                and
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (2) the following:
            ``(3) Limitations on discretion.--
                    ``(A) In general.--With respect to the use of 
                amounts awarded to a grant recipient under section 2003 
                or 2004 for personnel costs in accordance with 
                paragraph (2) of this subsection, the Administrator may 
                not--
                            ``(i) impose a limit on the amount of the 
                        award that may be used to pay for personnel, or 
                        personnel-related, costs that is higher or 
                        lower than the percent limit imposed in 
                        paragraph (2)(A); or
                            ``(ii) impose any additional limitation on 
                        the portion of the funds of a recipient that 
                        may be used for a specific type, purpose, or 
                        category of personnel, or personnel-related, 
                        costs.
                    ``(B) Analysts.--If amounts awarded to a grant 
                recipient under section 2003 or 2004 are used for 
                paying salary or benefits of a qualified intelligence 
                analyst under subsection (a)(10), the Administrator 
                shall make such amounts available without time 
                limitations placed on the period of time that the 
                analyst can serve under the grant.''.
                                                      Calendar No. 1052

110th CONGRESS

  2d Session

                               H. R. 6098

_______________________________________________________________________

                                 AN ACT

  To amend the Homeland Security Act of 2002 to improve the financial 
    assistance provided to State, local, and tribal governments for 
        information sharing activities, and for other purposes.

_______________________________________________________________________

           September 24 (legislative day, September 17), 2008

                       Reported with an amendment